Foundations in Criminal Procedure
The process of legislating rules to confirm and clarify a set of principles or a particular area of Canadian law.
What is codification?
A part of Canada's Constitution that is assessed through a 2-part test that was initially confirmed in the case of R v Dyment and later clarified through the Supreme Court of Canada's articulation of the 'totality of circumstances test'.
What is section 8 of the Charter?
Someone who undertakes to ensure that the accused will appear in court at the required time, and who pledges an amount of money or property to support their promise.
What is a surety?
A person who has some influence over the criminal proceedings, or a person the accused reasonably believes has some degree of power over the accused.
What is a person of authority?
A type of privilege that has been abolished in certain jurisdictions but remains in place in Canadian law.
What is marital communications privilege or spousal privilege?
A possible purpose of the criminal justice system, emphasizing the protection of the rights of individuals.
What is due process?
The databank that houses biological evidence used by Canadian law enforcement during the investigation of crimes.
What is Canada's National DNA Data Bank or the NDDB?
Under section 529.3(2), gives police the authority to enter a private dwelling without a warrant for the purpose of arresting a person to prevent imminent bodily harm or death of any person and loss or destruction of evidence related to to indictable offences.
What is exigent circumstances?
Section of Charter that gives you the right to silence.
What is section 7?
Evidence used to determine whether the accused had committed the alleged offence based on past behaviour vs. how much weight will be given to a witness's testimony.
What is the difference between character evidence and credibility?
The section of the Canadian Charter of Rights and Freedoms that allows the Canadian provincial or federal governments to override certain rights set out within the Charter.
What is the notwithstanding clause or section 33?
1) Was the search authorized by law? 2) Is the law itself reasonable? 3) Was the search conducted in a reasonable manner?
What is the three fold criteria for a reasonable search established in R v Collins?
Where an individual has a legal obligation to comply with restrictive request or demand, or a reasonable person would conclude by reason of the state conduct that he or she had no choice but to comply.
What is psychological detention?
A second statement, which follows an inadmissible first statement and which must be assessed for the degree of connection before being admitted as evidence.
What is a derived confession?
Conversations that occur in consultation in furtherance of a crime.
What is an exception to solicitor-client privilege?
Balance of probabilities versus Proof beyond a reasonable doubt.
What is the difference between the civil and criminal law systems in Canada?
The court case that found police have a common law power to use sniffer dogs to conduct warrantless searches when they have a reasonable suspicion that a target was in possession of drugs.
What is R v Kang-Brown?
Section of the Charter that gives you informational rights.
What is Section 10(b)?
Two prong approach to including evidence from Mr. Big Stings in court: 1) Establish the probative value of the evidence by looking at the broader circumstances the admission was made, 2) The court must look at the actual confession for "marker of credibility"
What is the Hart rule?
Previously known as 'crown privilege', a rule that may lead to non-disclosure of certain documents, for instance documents that pertain to national security.
What is public interest immunity?
Whether the accused actually committed the crime vs. Whether the accused is legally responsible for their actions.
What is the difference between factual guilt and legal guilt?
A historical English case that famously reasoned that 'a man's home is his castle' while articulating the principles of the right to privacy.
What is Semayne's case?
a) To ensure the accused's attendance in court; b) for the protection or safety of the public, witnesses, or any person under the age of 18, including factors such as likelihood of reoffending, or interfering with the administration of justice; c) if necessary to maintain confidence in the administration of justice.
What are grounds for the detention of the accused?
The right not to have evidence derived from evidence given under oath at one proceeding used against oneself at another proceeding.
What is derivative-use immunity?
Fred testifying that he overheard the accused tell George he hated the victim.
What is not hearsay?